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Raffaele Di Bari and various other long leaseholders v Avon Ground Rents Limited

Language: English Publication details: LON/00AP/HYI/2022/0017, First-Tier Tribunal Property Chamber, 28 February 2024Subject(s): Online resources: Summary: The Building was developed in 2005 by Paul Simon Homes. It consists of 29 flats with a maximum height of five storeys, just over 11 meters. The Respondent owned the freehold of Space Apartments, and the Applicants were long leaseholders. Numerous fire safety issues were identified in the building. At the time of the hearing, the parties were largely in agreement as to the scope of works. However, the following issues remained in dispute: whether it was appropriate to make a remediation order given that the Respondent had committed to carrying out the required remedial works; the timeframe for completion of the works; whether works to the timberwork on the balconies and roof terraces could be included in a remediation order; the extent to which the FTT could make ancillary orders (such as obligations to consult and provide confirmatory reports at the conclusion of the works); and works arising out of a report obtained by the Respondent.
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The Building was developed in 2005 by Paul Simon Homes. It consists of 29 flats with a maximum height of five storeys, just over 11 meters. The Respondent owned the freehold of Space Apartments, and the Applicants were long leaseholders. Numerous fire safety issues were identified in the building.

At the time of the hearing, the parties were largely in agreement as to the scope of works. However, the following issues remained in dispute:

whether it was appropriate to make a remediation order given that the Respondent had committed to carrying out the required remedial works; the timeframe for completion of the works; whether works to the timberwork on the balconies and roof terraces could be included in a remediation order;
the extent to which the FTT could make ancillary orders (such as obligations to consult and provide confirmatory reports at the conclusion of the works); and
works arising out of a report obtained by the Respondent.